S.C. Dharmadhikari, J.

1. Rule. The Advocates for respondents waive service. By consent Rule is made returnable forthwith.

2. By this petition under Article 226 of the Constitution of India, the petitioners are challenging the constitutional validity of Section 3 of the then Bombay Provincial Municipal Corporations Act, 1949, now, the Maharashtra Municipal Corporations Act, 1949.

3. It is prayed that subsection (4) to Section 3 of the Bombay Provincial Municipal Corporations Act, 1949 and proviso to sub-clause (d) of subsection (1) to Section 6 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, (hereinafter referred to as,” the Municipal Councils Act” for short), are ultravires Articles 13(2), 14, 243Q and 368 of the Constitution of India.

4. A further prayer is to quash and set aside the notification dated 1st November, 2011, issued by the Deputy Secretary to the Government of Maharashtra, Urban Development Department, Mantralaya, Mumbai, declaring the Municipal Council, Parbhani as a larger urban area and constituting the Corporation for the same by dispensing with the condition regarding previous publication.

5. The further prayers are